Research On The Construction Of The Criminal Settlement Patterns

Victim-offender reconciliation pattern is a new brand that deal with criminal justice system, which was introduced to China's time is not very long, but it is a reflection of the harmony, democracy and rational light And it is deeply rooted in Chinese people's heart. Let Chinese people are never tired of. It is true that crime is the destruction of social order that is a flagrant act against the state, is a violation of democracy and freedom of citizens of the evil. From this perspective, crime is heinous. But the face of increasing criminal cases, the traditional concept of criminal law and justice have appeared to be inadequate, non-response to, so people must re-think, open up its tracks. From the new perspective, criminal settlement shoud re-examine the crime, perpetrators, victims and their harmfulness of concept in law enforcement from pursuing criminal penalties for persons deprived of their freedom to focus on transition from the victim's point of view, it promote the compensation for the loss of the victim into an important position. At the same time, the policy of imprisonment and correction fail, let us think, in minor criminal cases, the success of reconciliation for perpetrators provid an opportunity for non-custodial sentences. Moreover, criminal settlement system in line with less favorable relative to the requirements of economic criminal policy is conducive to build a harmonious society. For this reason, the criminal settlement receives the theory of community and the practitioners with widespread concern. Its great expectations are placed, hoping to find a suitable model of China's national conditions of the criminal settlement, and are unremitting efforts to this end. I tries to summarize patterns of the criminal settlement with the conclusion, through the East-West contrast of the practice of the criminal settlement patterns to sum up experiences and lessons learned, and by seeking to rely on their own national conditions, practice and culture, they let us get a reasonable draw on overseas experience to innovate and build Chinese criminal settlement patterns. This paper is divided into the following four sections:The first part is the basic concept of the criminal settlement, outlines the concept of the criminal settlement, the relevant distinction between the concept of the system's origins and development path, as well as the theoretical basis of the criminal reconciliation;The second part focuses on the classification of a criminal settlement patterns and types, first, an overview of the current theory of community and practitioners in the criminal settlement patterns based on different criteria for different classifications, and then on each of the classification of a criminal settlement pattern comment focus on analysis of their strengths and weaknesses, learning from them, after a brief introduction to the major Western countries for its criminal settlement pattern characterized by the practice, finally explain the history of China and characteristics of the criminal settlement patterns;The third section is set out in different parts of our country. the practice of the criminal status of settlement patterns, and settlement patterns throughout the criminal characteristics and existing problems of a targeted analysis, to point out the positive aspects and shortcomings.The fourth part is a concept of our country criminal settlement pattern, which is based on the first three parts of the summary and sublimation, detailed outline of what our country should be established model of the criminal settlement, why build such a model, and how to protect this mode of application and implementation, and so on.